- 1 - HC-KAR NC: 2025:KHC:48812 WP No. 32922 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.32922 OF 2025 (GM-PASS) BETWEEN: SRI.BOPANNA K.P. S/O K.G.POONACHA AGED ABOUT 50 YEARS R/AT ATHUR VILLAGE VIRAJPET TALUK MADIKERI PRESENTLY AT SHYAM ENCLAVE SANJAY NAGAR BENGALURU-560 094 …PETITIONER (BY SRI.SURESH V, ADVOCATE) AND: THE REGIONAL PASSPORT OFFICER LALBAGH ROAD BENGALURU-560 027 …RESPONDENT (BY SMT.RESHMA THAMMAIAH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO ISSUE THE PASSPORT IN FAVOUR OF THE PETITIONER FORTHWITH AND QUASH AND SETTING ASIDE THE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48812 WP No. 32922 of 2025 IMPUGNED ENDORSEMENT DATED 10.09.2025 ISSUED BY THE RESPONDENT VIDE ANNX-D AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following relief: "1. Allow this writ petition by issuing a writ of mandamus directing the Respondent to issue the passport in favour of the petitioner forthwith. 2. Issuing a writ of certiorari by quashing and setting aside the impugned endorsement dated 10.09.2025 issued by the respondent vide Annexure-D. 3. Grant such other reliefs as deemed fit by this Hon'ble Court in the facts and circumstances of the case, in the interest of justice and equity." 2. The grievance of the petitioner is that the application filed by the petitioner for issuance of a fresh passport has been denied on account of pendency of a criminal proceeding in SC No.56/2013 on the file of II Additional District and Sessions Judge, Kodagu, Madikeri. 3. Learned counsel for the respondent would submit that the petitioner being involved in a criminal offence and charge - 3 - HC-KAR NC: 2025:KHC:48812 WP No. 32922 of 2025 sheet having been laid, the passport has not been issued. The petitioner cannot travel without requisite permission of the Court seized of the criminal proceedings and if such permission is granted without complying with the conditions that may be imposed. 4. The fact remains that right to travel is a fundamental right under Article 21 of the Constitution of India and the restriction that could be imposed is only by the Court seized of S.C.No.56/2013. The petitioner therefore cannot be denied the issuance of a passport, but, however, his travel will have to be subject to prior permission to be obtained from the II Additional District and Sessions Judge, Kodagu, Madikeri, who is seized of S.C.No.56/2013 and can impose such conditions as may be necessary as regard to the travel of the petitioner. In that background, I pass the following; ORDER i) The writ petition is allowed. ii) A mandamus is issued directing the respondent to consider the application filed by the petitioner for - 4 - HC-KAR NC: 2025:KHC:48812 WP No. 32922 of 2025 issuance of the passport without reference to *pending criminal proceedings and pass necessary orders within 15 days from the date of receipt of a copy of this order. iii) It is made explicitly clear that any travel by the petitioner shall be only with the prior approval of the Court seized of S.C.No.56/2013 and if such permission is granted, the petitioner would have to comply with all conditions that may be imposed by the said Court. iv) I.A.No.1/2025 stands disposed off. Sd/- (SURAJ GOVINDARAJ) JUDGE NBM List No.: 1 Sl No.: 28 *Corrected vide Court order dated 09.12.2025